Introduction

Subject-matter jurisdiction

Territorial jurisdiction

Extensions of jurisdiction

Jurisdiction

Initiation of the proceedings

Instructing counsel

Submissions

Registry

Rules common to all procedures

Ordinary contentious procedure

Non-contentious proceedings

Single-judge procedure

Fixed-date procedure

Written procedure

Ordinary procedure

Interim relief proceedings

Expedited trial on the merits

Oral proceedings

Ex parte proceedings (sur requête)

Referral procedure by decision of the criminal court

Specific procedures

Proceedings before the Judicial Court

Initiation of proceedings

Proceedings

General procedure

Interim orders

Orders on ex parte application

Expedited proceedings on the merits

Powers of the President

Proceedings before the Commercial Court

Proceedings before the Judicial Court and the Commercial Court

2. Proceedings before the Judicial Court and the Commercial Court

Like interim proceedings, expedited proceedings on the merits is oral and based on urgency.
Introduced by Law No 2019-222 of 23 March 2019 on the 2018-2022 programming and reform for justice , the expedited procedure on the merits, which replaces the procedure in “the form of interim relief”, applies to proceedings ongoing as of 1 January 2021 since the entry into force of Decree No 2020-1452 of 2 …

Like interim proceedings, expedited proceedings on the merits is oral and based on urgency.

Introduced by Law No 2019-222 of 23 March 2019 on the 2018-2022 programming and reform for justice , the expedited procedure on the merits, which replaces the procedure in “the form of interim relief”, applies to proceedings ongoing as of 1 January 2021 since the entry into force of Decree No 2020-1452 of 27 November 2020 .

Article 839, para. 1, of the Code of Civil Procedure states that when it is provided by law or regulation that a decision is made according to the expedited procedure on the merits, the president of the Judicial Court hears the case under the conditions of Article 481-1 , which defines the conduct of judgments on the merits in expedited proceedings before all courts. Thus, there are several situations in which the president of the Judicial Court is called to rule according to the expedited procedure on the merits. Pursuant to Article L. 631-19-2 of the Commercial Code, when in the case of judicial recovery, the adoption of the continuation plan is subject to the forced transfer of the managers' shares and there is no agreement among the parties concerned on the value of the rights of the transferring partners or shareholders and those who have expressed their intention to withdraw from the company, this value is determined at the closest date to the transfer by an expert appointed, at the request of the most diligent party, the administrator, or the Public Prosecutor, by the president of the court ruling according to the expedited procedure on the merits. Similarly, under Article L. 225-32 of the Commercial Code, directors of a public limited company, elected by employees or appointed pursuant to Article L. 225-27-1, can only be removed for misconduct in the exercise of their mandate, by decision of the president of the Judicial Court, rendered according to the expedited procedure on the merits, at the request of the majority of the board of directors. Also, in accordance with Article L. 621-13-5 of the Monetary and Financial Code, the president of the Financial Markets Authority may refer the president of the Paris Judicial Court ruling according to the expedited procedure on the merits, in the exercise of his injunction and emergency measure powers.

Thus, according to Article 481-1, the procedure is initiated by an application brought by way of a writ of summons to a hearing held on the day and time scheduled for this purpose (1°). The court is seized by the submission of a copy of the summons to the court registry before the date set for the hearing, under penalty of lapse of the summons noted ex officio by order of the judge, or, failing that, at the request of a party (2°). Then, on the day of the hearing, the court ensures compliance with the adversarial principle by ensuring that sufficient time has elapsed since the summons for the summoned party to prepare their defense (3°). As an exception, in the event of manifest urgency due to a deadline imposed by law or regulation, the president of the court, ruling on application, may authorize a summons at a time he indicates, even on public holidays or non-working days (5°). However, the court has the option to refer the case to the full bench, at a hearing for which it sets the date, which will rule according to the expedited procedure on the merits (4°). Finally, the judgment is provisionally enforceable by right under the conditions provided for in Articles 514-1 to 514-6 (6°) and the court's decision may be appealed unless it is issued by the first president of the court of appeal or rendered as a final decision due to the amount or subject of the application within a period of fifteen days (7°).

Article 839, para. 2, provides the possibility for the parties, at any time during the proceedings, to expressly agree for the proceedings to take place without a hearing, in accordance with the provisions of Article L. 212-5-1 of the Code of Judicial Organization, applying Article 828  and, when representation by a lawyer is not mandatory, Article 829 .

Decree No 2020-1452 of 27 November 2020 on various provisions relating in particular to civil procedure and the compensation procedure for victims of acts of terrorism and other offenses, OJ of 28 November 2020.

From Decree No . 2019-1419 of 20 December 2019 relating to the expedited procedure on the merits before the Judicial Courts, JO of 22 December 2019.

Art. 828, CPC: “At any time during the proceedings, the parties may expressly agree for the proceedings to take place without a hearing in accordance with the provisions of Article L. 212-5-1 of the Code of Judicial Organization. In this case, the court organizes the exchanges between the parties. The parties present their claims and arguments in writing. Communication between them is done by registered letter with acknowledgment of receipt or by notification between lawyers, and proof is provided to the court within the time limits it sets. The court sets the date by which the parties must submit their claims, arguments, and exhibits to the court registry. On this date, the registry informs the parties of the date on which the judgment will be rendered. The judgment is adversarial. The court may decide to hold a hearing if it considers that it is not possible to render a decision based on the written evidence or if one of the parties requests it.”

Art. 829, CPC: "When made during the course of proceedings, the declaration by which each party consents to the conduct of the procedure without a hearing is submitted or sent to the court registry and must, on pain of invalidity, include:

1° For natural persons: the indication of their name, first names, profession, domicile, nationality, date and place of birth;

2° For legal entities: the indication of their form, name, registered office, and the body that legally represents them;

It is written, dated, and signed by its author. The author must attach, in original or photocopy, any official document proving their identity and containing their signature."

2. Proceedings before the Judicial Court and the Commercial Court

80. Expedited proceedings on the merits

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Les notions juridiques connexes

80. Expedited proceedings on the merits

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Les notions juridiques connexes

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